Appendices + AMC

793 Pages·2010·2.88 MB·English

European Aviation Safety Agency 9 Apr 2010

COMMENT RESPONSE DOCUMENT (CRD)
TO NOTICE OF PROPOSED AMENDMENT (NPA) 2008-17B

for an Agency Opinion on a Commission Regulation establishing the Implementing
Rules for the licensing of pilots
and
a draft Decision of the Executive Director of the European Aviation Safety Agency on
Acceptable Means of Compliance and Guidance Material on the licensing of pilots

“Implementing Rules for Pilot Licensing”

c.10 - Appendices
c.11 - AMC
R.F010-02 © European Aviation Safety Agency, 2010. All rights reserved. Proprietary document. Page 1 of 793
CRD to NPA 2008-17b 9 Apr 2010

B. Draft Opinion Part-FCL - Appendix 1: Crediting of Theoretical Knowledge p. 72-73

comment 216 comment by: CAA - The Netherlands
Appendix 1

(A) 2. CPL
One of the subjects is not fully described (see appendix 2 of JAR-FCL1.050):
 Aircraft Performance and Flight Planning

(A) 3. ATPL
One of the subjects is not fully described (see appendix 3 of JAR-FCL1.050):
 Aircraft Performance and Flight Planning
response Noted
Item 032 of the syllabus only deals with performance.

comment 338 comment by: Michel Lacombe AF TRTO
Numbering error in paragraph 1.

1. LPL, PPL, BPL and SPL

1.1 For the issue of a LPL, the holder of a LPL in another category of aircraft
shall be fully credited with theoretical knowledge on the common subjects
established in FCL.120(a)(1).

1.1 1.2 Without prejudice to the paragraph above, for the issue of a LPL, PPL,
BPL or SPL, the holder of a licence in another category of aircraft shall pass
theoretical knowledge examinations to the appropriate level in the following
topics:
 Aircraft General Knowledge;
 Flight Performance and Planning;
 Operational Procedures and Principles of Flight.
1.1.2 1.3 For the issue of a PPL, BPL or SPL, the holder of a LPL in the same
category of aircraft shall be credited in full.
response Partially accepted
Thank you for providing this comment.
The numbering will be made consistent.

comment 697 comment by: FOCA Switzerland
Appendix 1: Crediting of theoretical knowledge
1.1.2 LPL, PPL, BPL and SPL

With regard to credit the common subjects, this shall only be possible
if the content of the subjects is similar for the issue of each licence
category.
response Noted
It is intended that the theoretical knowledge instruction is at the same level for
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LPL and PPL for the common subjects.

comment 698 comment by: FOCA Switzerland
Appendix 1 Crediting of theoretical knowledge

Proposal

 1.1: FCL.120 (a)(1) lists "Navigation" as specific subject, though
it is missing under this paragraph.

 2.2: JAR-FCL divides subject "Flight Performance and Planning"
in 3 subchapters (31: Mass and Balance; 32: Performance; 33:
Flight Planning and Monitoring). It is desired to add the subjects
31 and 33 and also to be taken as exam topics.
response Partially accepted
1.1: The Agency also agrees that the subject ‘Navigation’ has to be inserted.
Subject ‘Navigation’ will be added in Appendix 1 under the changed paragraph
1.2 as one of the topics for which an additional theoretical knowledge
examination will be required.

2.2: 31 and 33 should not be added. Indeed, in Subject ‘Flight performance
and planning’, topic ‘Performance’ is aircraft specific, and that is why this is the
one mentioned in this Appendix.

comment 1045 comment by: CAA Belgium
1: Wrong numbering: 1.1 should be 1.2 and 1.1.2 should be 1.3

According FCL.120 (a)(1) topic NAVIGATION should be added.
response Partially accepted
Thank you for providing the comment.

The numbering will be made consistent.

The Agency also agrees that the subject ‘Navigation’ has to be inserted.
Subject ‘Navigation’ will be added in Appendix 1 under the changed paragraph
1.2 as one of the topics for which an additional theoretical knowledge
examination will be required.

comment 2004 comment by: Nigel Roche
Neither the 2.3 nor 4.2 CPL or IR respectively take into account the full
commonality of the NPA-25 Learning objectives as per
http://www.jaa.nl/licensing/jar-fcl/jar-fcl_Aug2008_frame.html. It is these that
the ATOs are having to work to as the presumed EASA syllabus Learning
objectives (Los), if EASA does not intend to use the NPA-25 LOs then this
observation like many others will be invalid.

If a review of the Instruments 022 (parent directory 224899) is carried out, it
will be seen that each line that is required by the IR is also required by the
CPL(A) & CPL(H).
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I therefore suggest:

1. That as 022 Instruments is common to both IR and CPL(A) & (H) it is
credited to holders of a CPL(A) or CPL(H) for an IR. (line 2.3)

2. That as 022 Instruments is common to both CPL(A) & (H) and the IR, it is
credited to holders of a CPL(A) or CPL(H) for an IR. (line 4.3)

I would further comment that as the learning objectives for CPL helicopter, CPL
aeroplanes and IR are identical throughout the subjects that passing the theory
for IR (A) should give the student a theory pass in IR (H)

I cannot comment on the CPL (As) or IR(As) as I have not seen the syllabus or
LOs.
response Noted
Thank you for your comment.

The learning objectives will be added to the EASA system following the
rulemaking task FCL.002. It will then be possible to assess whether further
credits may be granted, as proposed in your comment.

comment 2005 comment by: Nigel Roche
I would suggest that the way the initial order for the CPL(A), CPL(H) IR(A) and
IR(H) have been put into different sections as per below, the orders and the
detail has become disjointed and therefore items have been overlooked in the
compilation of this manual and if the authority can overlook such items it will
inevitable mean that the end user will also overlook items.

Aeroplanes
FCL.025, FCL.310, Appendix 1 (2), Appendix 3 (C) or (D) and AMC to Appendix
3 (C) or (D)

Helicopters
FCL.025, FCL.315, Appendix 1 (2), Appendix 3 (H) or (I) and AMC to Appendix
3 (H) or (I)

IR aeroplanes
FCL.025,FCL.615, Appendix 1 (4), Appendix 6 (A) for aeroplanes, AMC No 1 to
Appendix 6, AMC No 2 to Appendix 6

IR Helicopters
FCL.025, FCL.615, Appendix 1 (4), Appendix 6 (B) for helicopters and AMC No
1 to Appendix 6

My suggestion is that:
For each licence or rating all the orders, appendices and AMCs are compiled
together to ensure that every element has been covered.

Ideally each would make up a separate section referring to any appendices or
AMCs held within the section

If this is not acceptable then place appendices that are common towards the
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rear of the book and place the AMC that refer to them directly behind them,
cross reference all orders appendices and AMCs to each other.
response Noted
Thank you for your comment.

The Agency has tried to assess the best way of presenting requirements which
are applicable to all categories of aircraft and those which relate to a specific
category. Each method has advantages and drawbacks.
However, specific handbooks will be derived in the future, thanks to a
dedicated electronic tool, to enable selecting requirements acccording to
specific criteria.

comment 2561 comment by: CAA Belgium
§1.1
Replace “shall pass” by “shall have received theoretical instruction and shall
pass.”
Reason: see § 2.1, 3.1 of this appendix.
response Accepted
The text will be amended accordingly.

comment 2607 comment by: CAA Belgium
§ 1.1
Comment;
a) The word “subjects” instead of “topics” should be used in this paragraph.
b) B) 5 subjects should be mentioned in this paragraph (see FCL 120 (a)(2)
where the 5 specific subjects concerning the different aircraft categories are
given).
Proposal: mention the 5 subjects as follows (as in FCL 120 (a)(2):
•Principles of flight
•Operational procedures
•Flight performance and planning
•Aircraft general knowledge
•Navigation.
response Accepted
a)"Topics" will be replaced by "Subjects".
b)The lay-out will be reviewed for the said topics.

comment 3148 comment by: FTO 09-157 FRENCH AIR FORCE
APPENDIX 1 crediting of theoretical knowledge
CPL (A) IR (A) integrated course

The aim of the CPL (A) IR (A) integrated course is to train pilots up to the
required proficiency level to operate single-pilot single-engine or multi-engine
aeroplanes in commercial air transportation and to obtain the CPL (A) IR .
Some theoretical subjects could be a common matter when passing CPL (A) IR
(A) and ATPL (A). Considering the arrival and increasingly important use of
new high-performance aeroplanes, such as HPA-type single-pilot aircraft, a
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holder of CPL (A) IR (A) and a holder of ATPL (A) more and more rub shoulders
with in the same airspace areas. A significant number of common skills are
now necessary to fly safely. An ATPL (A) applicant does not have to take VFR
and IFR Communication tests if he already owns a CPL (A) IR (A) (Appendix 1,
chapter 3.3 and 3.5). A refresher in some subjects (bridge course) during the
ATPL (A) exam would thus be sufficient, such as AIRLAW (010) and
METEOROLOGY (050) subjects. When comparing ATPL (A) and CPL (A) IR (A)
Learning Objectives, the number of differences that appear is very limited.
Distributing the few missing LO within CPL and IR teaching units (within an
integrated training) would then be sufficient. This could subsequently allow to
cut into ATPL courses volumes and into teaching durations and costs.

A appendix 1 after 4.2 could be added as follows:

5. CPL IR integrated course (A)
An applicant for an ATPL (A) having followed a CPL IR integrated course and
having passed the relevant theoretical examination for a CPL (A) and IR (A) is
credited towards the theoretical knowledge requirements in the following
subjects:
- AIR LAW
- HUMAN PERFORMANCE
- METEOROLOGY
- VFR communications
- IFR communications

The applicant could receive theoretical knowledge refreshers in these subjects
during the ATPL (A) course.
response Noted
Learning objectives will be added as a result of the rulemaking task FCL.002. It
will then be possible to assess possible commonalities between the said
syllabuses.

comment 3207 comment by: Susana Nogueira
According FCL 120(a)(1) topic NAVIGATION should be added
response Accepted
The Agency also agrees that the subject ‘Navigation’ has to be inserted. The
Subject ‘Navigation’ will be added in Appendix 1 under the changed paragraph
1.2 as one of the topics for which an additional theoretical knowledge
examination will be required.

comment 3665 comment by: M Wilson-NetJets
72

 All Appendices should be categorised as AMC's

Suggestion:
Clarify legal standing of all Appendices and Annexes, and their proposed
relationship with recognised AMC's
response Noted
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Taking into account the comments received, the Agency will change the status
of some of the proposed appendices to AMCs after assessing them.
However, in the case of this particular appendix, since credit towards
requirements is being established, it is necessary to leave it in the rule.

comment 3760 comment by: DGAC FRANCE
Appendix 1 A.1.

§1.1.2

Justification :
According to FCL 035 (b)(4), Appendix 1 deals with crediting towards the
requirements for theoretical knowledge instruction and examination for a
licence in another category of aircraft. It is not the content of paragraph A 1
§1.1.2.

Modification :
Transfer paragraph A 1 § 1.1.2 from appendix 1 to the FCL 035(b).
response Partially accepted
The paragraph you mention (now paragraph 1.3) deals with crediting of
theoretical knowledge instruction and examination. The text will be clarified
accordingly.

comment 3817 comment by: OAA Oxford
All Appendices should be categorised as AMCs. Suggestion: Clarify legal
standing of all Appendices and Annexes and their proposed relationship with
recognised AMCs
response Noted
Please see the reply to comment 3665 above.

comment 3879 comment by: Luftfahrt-Bundesamt
APP1:
App. 1, A. 1.1 and A.1.1.2 appear to be mislabelled (we suggest 1.1, 1.2, 1.3)
response Partially accepted
Thank you for providing this comment.
The numbering will be made consistent.

comment 4354 comment by: Baden-Württembergischer Luftfahrtverband
Wording in the NPA
CREDITING OF THEORETICAL KNOWLEDGE

Our proposal
Add:
A.1.2 For the issue of a LPL, the holder of a license for micro lights shall be
credited with theoretical knowledge required for this license. The competent
authority defines the extent to which the theoretical knowledge will be credited
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toward license applied for based on the national requirements for the micro
light license.

Issue with current wording
Holders of a national license for aircraft excluded by Annex 2 shall be credited
appropriately against theoretical knowledge required for the LPL

Rationale
The holder of a 3 axis controlled micro light already has received extensive
theoretical training. It is not justifiable that this is ignored for applicants of a
license based on this regulation. Since licensing for micro lights is regulated
national the local competent authority must define to which extent the
theoretical knowledge of a holder of a micro light license can be credited.
response Noted
Annex II aircraft are excluded from the scope of Community competence, and
therefore the Agency cannot regulate them in detail.
However, the provisions on crediting of flight time for the LPL and the PPL have
been amended in order to take these issues into account. Please see replies to
comments in Subparts B and C and the related amended text.

comment 5310 comment by: AEA
Relevant text: Appendices 1 to 12

Comment:
The requirements in Appendices 1 to 12 are forming part of the implementing
rules. This doesn’t allow any innovation in training means or adaptation with
new training tools. Some items are incompatible with modern aircrafts (i.e. fly-
by-wire, glass cockpit ...).
Some new features are not taken into account in the theoretical knowledge or
in the skill tests (i.e. FMS)

Proposal:
Transfer the requirements of Appendices 1 to 12 into AMC and GM to Part FCL.
response Noted
Please see the reply to comment 3665 above.

comment 5529 comment by: ECA- European Cockpit Association
Delete text:

1.1 For the issue of a LPL, the holder of a LPL in another category of aircraft
shall be fully credited with theoretical knowledge on the common subjects
established in FCL.120(a)(1).
1.1 Without prejudice to the paragraph above, for the issue of a LPL, PPL, BPL
or SPL, the holder of a licence in another category of aircraft shall pass
theoretical knowledge examinations to the appropriate level in the following
topics:
Aircraft
General Knowledge;
Flight
Performance and Planning;
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Operational
Procedures and Principles of Flight.
1.1.2 For the issue of a PPL, BPL or SPL, the holder of a LPL in the same
category of aircraft shall be credited in full.

Justification:
A person with a LPL sailplane, or balloon, has not received at all the theoretical
training needed for the issue of a PPL, even with that the proposed extra
training. Furthermore, it is not acceptable that a lower level license, with less
training, gives full credits to a higher license. ECA cannot agree on the transfer
of credits from LPL’s to JAR licenses. If paragraphs 1.1.1 & 1.1.2 stay, the rule
would allow students to bypass the PPL theoretical training by getting credits
from LPL. This is not an acceptable way forward.
response Not accepted
It is intended that the theoretical knowledge instruction is at the same level for
LPL and PPL for the common subjects.

comment 5669 comment by: Geschäftsführer Luftsportverband RP
Die Vorschläge enthalten keinen Hinweis auf Anerkennung für moderne
dreiachs gesteuerte Ultraleicht. Der Unterrichts- und Prüfungsstoff ist der
gleiche wie beim LPL. Notfalls könnte man den Zusatz machen: wenn die UL-
Theorie-Prüfung gemäß dem Ausbildungssyllabus des LPL erfolgt. (Die
moderen Ultraleicht-Prüfungsfragen werden sich später sowieso den LPL-
Fragen anschließen). Daher sollte hier unter 1.1 noch ergänzt werden:

1.1. For the issue of a LPL, the holder of a LPL in another category of aircraft
or 3 axis microlight shall be fully credited....
response Noted
Please see the reply to comment 4354 above.

comment 5876 comment by: EFLEVA
EFLEVA agrees with item 1.1.2 providing full crediting.
response Noted
Thank you for your poisitive comment.

comment comment by: Industry Group (Airbus, Alteon Training, Bell Helicopters,
Boeing, CAE, CTC Aviation Group, ECOGAS, Flight Safety International,
5913 IAAPS (International Association of Aviation Personnel Schools), IACA,
IATA, KLM Luchtvaartschool, Lufthansa Flight Training, TUI Group
Airlines)
The following is a general comment that is valid for Appendices
1,2,3,4,5,6,7,8,9&10.

Comment:
Text is prescriptive and does not necessarily meet the demands of a changing
industry.
Detailed syllabus material should be transferred to AMC Syllabus.
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Rationale , provided as expample based on Appendix 9:
 To facilitate the potential for change and flexibility for training and
checking according to evidence based concepts and the different
challenges facing various generations of aircraft, Commercial air
transport operators, with the approval of the competent authority and
based on accident and incident data and/or special kind of operation,
may deviate from the proficiency check prescribed in Appendix 9
 changes in technology: it is erroneous to create lists applicable to all
aircraft types; the presence of this list in rule material does not allow
the development of testing standards and items appropriate to aircraft
type, class or generation.
 As a step prior to making Appendix 9 AMC material, the possibility to
deviate based on accredited evidence should be made available.

Proposal:
Re write of listed appendices placing all syllabus material in appropriate related
AMC.
The Industry group commenting is willing to provide detailed proposals for
consideration during comment review and for incorporation as felt appropriate
so as to address the above.
response Noted
After careful consideration of the comments received on the Appendices, as
well as feedback received from stakeholders, the Agency has decided to leave
the majority of the Appendices content in the rule, and only pass certain
elements to AMC, after an individual analysis, based on concrete comments.
In the case of this particular appendix, since credit towards requirements is
being established, it is necessary to leave it in the rule.

See also reply to comment No 3665 above.

comment 6000 comment by: CTC Aviation Services Ltd
Comment ---The material contained in the Appendices 1 through 12 should be
under continuous constructive review, to address changes both of deletion and
addition, as technical knowledge and training experience develops.
Proposed Action ---- All Appendices should be in AMC material and their legal
status clarified to facilitate amendment in an appropriate timescale.
response Noted
Please see reply to comment No 3665 above.

comment 6192 comment by: Icelandic CAA
Ref para. 1.1.2. This crediting shall only be possible in case LPL subject
contents ad examination is at the same level as for PPL.
response Noted
It is intended that the theoretical knowledge instruction is at the same level for
LPL and PPL for the common subjects.

comment 6266 comment by: Jonathan Coote
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